Your Rights

THE CRIMINAL PROCESS

Your Rights

Right to an Attorney

You have a constitutional right to an attorney to defend you in a criminal proceeding. The court will appoint an attorney for you at no charge if you cannot afford to hire one.

Right to a Speedy and Public Jury Trial

Whenever you are charged with a crime carrying the possibility of six months or more in jail, you have the right to a speedy, public jury trial. Even a DUI charge falls under this category. At the trial, you are presumed innocent, and cannot be convicted unless 12 impartial jurors are convinced of your guilt beyond a reasonable doubt. Your attorney gets to participate in an extensive interview of the potential jurors and select the twelve who seem the fairest for you. It is vital that your attorney selects a jury of twelve people who will be open minded, intelligent and fair in hearing your particular charge. Jury selection is a skill in itself and the right jury brings the right result.

Right to Confront Witnesses

As a defendant on trial, you have the right to confront and cross examine every witness who the government uses to give evidence against you. The witness cannot simply write a statement and have it read in court by someone else. You get to attack that witness and show he or she is lying or is biased against you! This right is one of your constitutional protections.

Right Against Self Incrimination

You have the right, at your own trial, to not testify. It is part of your constitutional right to remain silent and not incriminate yourself. It is up to you whether to testify at your own trial or not. The jury is not allowed to consider the fact that you have decided not to testify, and if the prosecutor even mentions to the jury your decision not to testify, your case must be tried all

over again. Your attorney is responsible for seeing that all of these rights are protected during trial. If the judge or the prosecutor tries to violate them, your attorney must be strong enough and smart enough to put a stop to it.

Right to Produce Evidence

You also have the right to present evidence and to have the court issue a subpoenas to bring into court all witnesses and evidence favorable to you in your defense at trial. The strength of your defense is often based in how well your attorney has investigated your case and what witnesses he or she has found to present your side of the story. A top notch investigator is necessary to

gather evidence for your defense and to interview both the prosecutor's witnesses, and your witnesses, in preparation for trial. Finally, a good source of "expert" witnesses is necessary in order to explain complex scientific or accounting principles to the jury. A good expert will show how the prosecutor's scientists are wrong and how your interpretation of the evidence is accurate.